2019 New York Laws
RCO - Religious Corporations
Article 10 - Other Denominations
206 - Termination and Dissolution of Churches of the General Assembly of the Christian Church (Disciples of Christ), Inc.
§ 206. Termination and dissolution of churches of the General Assembly of the Christian Church (Disciples of Christ), Inc. whose churches are individually known as "Christian Church (Disciples of Christ)" or "Church of Christ (Disciples of Christ)" and affiliated religious societies and the disposition of the real and personal property of such churches and/or affiliated religious societies. 1. Any incorporated or unincorporated church of the "General Assembly of the Christian Church (Disciples of Christ), Inc." whose individual churches are known as either "Church of Christ (Disciples of Christ)" or "Christian Church (Disciples of Christ)" and any religious society or organization affiliated with the "General Assembly of the Christian Church (Disciples of Christ), Inc." or a "Christian Church (Disciples of Christ)" or "Church of Christ (Disciples of Christ)" desiring to disband, disorganize and become extinct and if incorporated, to dissolve the corporate entity, shall accomplish the above objectives by an affirmative vote of two-thirds of the members present and voting at a special meeting called for the specific purpose of accomplishing one or more of the above objectives, namely, the extinction of the church and/or religious society and the disbandment of the church and/or religious society and the dissolution of the corporate entity, if the church and/or religious society is incorporated. 2. Any incorporated or unincorporated church of the "General Assembly of the Christian Church (Disciples of Christ), Inc." whose affiliated individual churches are known as either "Church of Christ (Disciples of Christ)" or "Christian Church (Disciples of Christ)" and any religious society or organization affiliated with the "General Assembly of the Christian Church (Disciples of Christ), Inc." or an affiliated "Church of Christ (Disciples of Christ)" or a "Christian Church (Disciples of Christ)" shall be considered extinct when such church or society has not held religious services and/or conducted activities according to the customs and usages of the "General Assembly of the Christian Church (Disciples of Christ), Inc." of which said church or religious society is affiliated for a period of six consecutive months or has less than twenty-five active members attending regular weekly or monthly meetings and making regular weekly or monthly contributions toward the support of said church or religious society. 3. (a) Upon such notice as the supreme court in the judicial district where the church property or the religious society property is situated, may prescribe and upon application made by petition of the officers or the board of trustees or five members of such church or religious society, stating fully the facts in the case and on evidence being furnished, including but not limited to appropriate affidavits that the conditions as set forth in subdivision one or two above have been established and are currently existing, upon satisfactory proof of the facts leading to said application, the court shall have jurisdiction to grant an order declaring the church or society extinct and the corporate entity dissolved if the petitioner is a religious corporation and said order shall direct the transfer of both real and personal property of the petitioner to the CHRISTIAN CHURCH (DISCIPLES OF CHRIST) - NORTHEASTERN REGION, INC. or direct that the real property and personal property be sold and that the proceeds be paid over to the CHRISTIAN CHURCH (DISCIPLES OF CHRIST) - NORTHEASTERN REGION, INC. after the full payment of all liens on the real property and of all of the outstanding debts of the petitioners.(b) Such order shall operate to transfer the interest of such extinct church and/or religious society in such property or proceeds to the CHRISTIAN CHURCH (DISCIPLES OF CHRIST) - NORTHEASTERN REGION, INC.
(c) The order shall also direct that the real property and personal property or the proceeds obtained from the sale thereof after the payment of all of the debts, obligations and liabilities of the petitioner, shall be used by the CHRISTIAN CHURCH (DISCIPLES OF CHRIST) - NORTHEASTERN REGION, INC. exclusively for the purpose or purposes for which the CHRISTIAN CHURCH (DISCIPLES OF CHRIST) - NORTHEASTERN REGION, INC. was organized and incorporated. 4. Nothing in this section, however, shall be construed to impair or in any way effect any existing claim upon or lien against any property so transferred or conveyed to the CHRISTIAN CHURCH (DISCIPLES OF CHRIST) - NORTHEASTERN REGION, INC. or any action or legal proceedings that may be pending at the time of the transfer referred to herein. 5. (a) The use of proxy or absentee ballots shall not be used relative to any resolution involving matters set forth in subdivisions one and two of this section unless the use of such proxy or absentee ballots is authorized in the constitution and by-laws of the church or religious society proceeding under the provisions of subdivisions one and two of this section.
(b) The relief sought in subdivisions one and two of this section must be accomplished by formal action taken at a special meeting of the congregation of the church or of the members of the religious society called for such purpose. (See Article 10 Section 194 - "Time, Place and Notice of Corporate Meetings".)
(c) To vote at any meeting held to accomplish the purposes of subdivisions one and two of this section, persons otherwise qualified to vote must be at least eighteen years of age.
